Senate Bill S3104

2023-2024 Legislative Session

Relates to the confidentiality and expungement of records in juvenile delinquency cases in the family court

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S3104 - Details

Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §301.5, amd §§354.1, 375.1, 375.2, 381.2 & 381.3, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
S9228

2023-S3104 - Summary

Relates to the confidentiality and expungement of records in juvenile delinquency cases in the family court; requires certain records to be expunged automatically.

2023-S3104 - Sponsor Memo

2023-S3104 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3104
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act, in relation to the confidentiality
   and expungement of records in juvenile delinquency cases in the family
   court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  family  court act is amended by adding a new section
 301.5 to read as follows:
   § 301.5. CONFIDENTIALITY OF JUVENILE DELINQUENCY RECORDS. 1. "JUVENILE
 DELINQUENCY RECORD" REFERS TO THE RECORDS, REPORTS AND INFORMATION MAIN-
 TAINED IN ANY FORM, INCLUDING ELECTRONIC, BY THE FAMILY COURT,  JUVENILE
 PROBATION,  THE  PRESENTMENT  AGENCY, STATE CRIMINAL JUSTICE INFORMATION
 SYSTEMS, LAW ENFORCEMENT AGENCIES OR ANY OTHER PUBLIC SERVANT  DOCUMENT-
 ING  THE  JUVENILE'S  CONTACT  WITH THE JUVENILE JUSTICE SYSTEM FROM THE
 TIME OF INVESTIGATION AND ARREST.
   2. THE FOLLOWING RECORDS, REPORTS, AND INFORMATION ACQUIRED OR  GENER-
 ATED  IN FAMILY COURT, JUVENILE PROBATION OR BY ARRESTS CONCERNING JUVE-
 NILES SHALL BE CONFIDENTIAL AND SHALL NOT  BE  OPEN  TO  INSPECTION  NOR
 RELEASED TO ANY PERSON, DEPARTMENT, AGENCY, OR ENTITY:
   (A) JUVENILE LEGAL FILES, INCLUDING BUT NOT LIMITED TO:
   (I) JUVENILE DELINQUENCY PETITIONS;
   (II)  ADOLESCENT  OFFENDER  PETITIONS  IF THE ACTION IS TRANSFERRED OR
 REMOVED TO FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO  OF
 THE CRIMINAL PROCEDURE LAW;
   (III)  JUVENILE  OFFENDER PETITIONS IF THE ACTION IS REMOVED TO FAMILY
 COURT PURSUANT TO ARTICLE SEVEN  HUNDRED  TWENTY-FIVE  OF  THE  CRIMINAL
 PROCEDURE LAW;
   (IV)  PREDISPOSITION  REPORTS,  INCLUDING PROBATION INVESTIGATIONS AND
 DIAGNOSTIC ASSESSMENTS;
   (V) RISK ASSESSMENT INSTRUMENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05815-01-3
              

co-Sponsors

2023-S3104A (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §301.5, amd §§354.1, 375.1, 375.2, 381.2 & 381.3, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
S9228

2023-S3104A (ACTIVE) - Summary

Relates to the confidentiality and expungement of records in juvenile delinquency cases in the family court; requires certain records to be expunged automatically.

2023-S3104A (ACTIVE) - Sponsor Memo

2023-S3104A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3104--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably from said committee and committed to the Committee
   on Judiciary -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee

 AN ACT to amend the family court act, in relation to the confidentiality
   and expungement of records in juvenile delinquency cases in the family
   court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by  adding  a  new  section
 301.5 to read as follows:
   § 301.5. CONFIDENTIALITY OF JUVENILE DELINQUENCY RECORDS. 1. "JUVENILE
 DELINQUENCY RECORD" REFERS TO THE RECORDS, REPORTS AND INFORMATION MAIN-
 TAINED  IN ANY FORM, INCLUDING ELECTRONIC, BY THE FAMILY COURT, JUVENILE
 PROBATION, THE PRESENTMENT AGENCY, STATE  CRIMINAL  JUSTICE  INFORMATION
 SYSTEMS,  LAW ENFORCEMENT AGENCIES OR ANY OTHER PUBLIC SERVANT DOCUMENT-
 ING THE JUVENILE'S CONTACT WITH THE JUVENILE  JUSTICE  SYSTEM  FROM  THE
 TIME OF INVESTIGATION AND ARREST.
   2.  THE FOLLOWING RECORDS, REPORTS, AND INFORMATION ACQUIRED OR GENER-
 ATED IN FAMILY COURT, JUVENILE PROBATION OR BY ARRESTS CONCERNING  JUVE-
 NILES  SHALL  BE  CONFIDENTIAL  AND  SHALL NOT BE OPEN TO INSPECTION NOR
 RELEASED TO ANY PERSON, DEPARTMENT, AGENCY, OR ENTITY:
   (A) JUVENILE LEGAL FILES, INCLUDING BUT NOT LIMITED TO:
   (I) JUVENILE DELINQUENCY PETITIONS;
   (II) ADOLESCENT OFFENDER PETITIONS IF THE  ACTION  IS  TRANSFERRED  OR
 REMOVED  TO FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF
 THE CRIMINAL PROCEDURE LAW;
   (III) JUVENILE OFFENDER PETITIONS IF THE ACTION IS REMOVED  TO  FAMILY
 COURT  PURSUANT  TO  ARTICLE  SEVEN  HUNDRED TWENTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05815-05-3
              

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